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Litigation Lawyer
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Guide to Litigation before Ontario Courts |
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 Appeals. The appeal is a request to a higher court (Ontario Court of Appeal or Divisional Court in Ontario) to correct the decision of the lower court. Witnesses almost never testify during the hearing of an appeal and the appellate court renders a decision based on the transcript of evidence from the lower court. An appeal is commenced by a notice of appeal that must be delivered to the respondent and filed with the appellate court within time specified by the rules (time varies). Notice of appeal is an essential document that must be prepared by the appellant (a party appealing the decision). The notice must list of the alleged mistakes made by the trial judge and state the grounds for the appeal. The notice of appeal is usually prepared by a lawyer having experience of representing people in appellate courts. Before the hearing of the appeal can be scheduled the appellant must "perfect the appeal" by producing appeal record within time specified by the rules of the court. The appeal record typically includes an appeal book, transcript of oral evidence during trial, exhibits, factum (written legal argument of the appellant including the references to the legislation and judicial decisions) and other documents. The party defending the appeal is called a respondent. The respondent must also prepare and produce an appeal record, including a respondent's factum within specified deadline. The commencement of the appeal may "stay" the judgment of the lawyer court (prevent the judgment from being enforced). However, in certain situation, a party is required to make a motion to stay the judgment. Please contact a lawyer having experience with handling appeals to get legal advice pertinent to your particular situation. The hearing of the appeal tends to be very brief: 30 minutes to four hours depending on the complexity of the appeal. The court sometimes may schedule more time if necessary. Appeals are normally heard by a panel of one to three judges and, even if one judge disagrees, the decision of the majority of the judges prevails. The parties (appellant and respondent) have right to attend the hearing of the appeal. However, the parties do not have right to speak to the judge unless they are self-represented. The hearing of the appeal is a very technical process and it is a good idea to secure legal representation to prepare the appeal record and to attend the hearing of the appeal. |
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